The European Union has finalized the full text of its landmark Markets in Crypto Assets legislation.
Officially, the text is still open to comments, but sources briefed on the talks have told CoinDesk that it is, in practice, finalized.
A leaked draft of the bill dated Sept. 20 and verified by CoinDesk urges EU enforcers to take a “substance over form” approach to the law, meaning its provisions could even apply to some assets categorized as NFTs.
NFTs are typically designed to have a unique digital identifier that cannot be copied, interchanged or subdivided, but the rise of fractionalized assets
While the leaked draft – thrashed out in a series of technical meetings following a June 30 deal – shows MiCA doesn’t apply to NFTs that are genuinely unique and incapable of being traded with each other,
A Recital is a text which introduces an EU law and sets out its motivation.
Title 1
Though not – unlike the substantive articles of the regulation – legally binding, a recital can be used by supervisors and courts when interpreting the scope of the legislation